Tennessee § 69-3-135 - Request for hearing. [Contingent amendment. See first version of section and Compiler’s Notes.]

§ 69-3-135. Request for hearing. [Contingent amendment. See first version of section and Compiler’s Notes.]

A written request for a hearing before the board on the stop work order must be filed by the operator with the commissioner of environment and conservation within thirty (30) days of receipt of notice. If a hearing is requested, the operator shall also be afforded the opportunity to meet with the commissioner of environment and conservation or, at the commissioner's option, the deputy or assistant commissioner, within three (3) working days after the hearing request is filed to discuss the alleged violation and show cause why a stop work order should not have been issued. Any modification or revocation of the stop work order shall be in writing. If the commissioner or such designee upholds the stop work order, it shall remain in effect until resolution of the appeal or the operator comes into compliance. If no request for hearing is made within thirty (30) days of the receipt of notice, the stop work order becomes final and not subject to review. Acts 2000, ch. 680, § 4; 2018, ch. 839, § 31. Compiler's Notes. Acts 2012, ch. 986, §§ 26-28 amended § 69-3-104 to substitute “board of water quality, oil and gas” for “board of water quality control”. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner. Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 2018, ch. 839, § 47 provided that the act, which amended this section, shall take effect, including for purposes of rulemaking, upon the deposit of federal funds in the Coal Mining Protection Fund. Amendments. The 2018 amendment deleted “of water quality, oil and gas” following “before the board” near the beginning of the first sentence. Effective Dates. Acts 2018, ch. 839, § 47. [Contingent. See Compiler’s Notes.]